Terms of Use

A. Agreement

This End-User License Agreement ("EULA") is a legal agreement between you and Oleksandr Vynnyk, which governs your use of Flight Tracker. By installing or otherwise using Flight Tracker, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which Flight Tracker will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Flight Tracker updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Flight Tracker.

We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up Flight Tracker shall constitute reasonable means. Your continued use of Flight Tracker after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using Flight Tracker. If you have any questions or concerns regarding the terms or conditions herein, please email us at apple.vynnyk@gmail.com. Do not use Flight Tracker until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.

Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.

Use of Flight Tracker is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download Flight Tracker. Flight Tracker may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of Flight Tracker if you download or install Flight Tracker through such marketplaces.

B. Age Requirement

You must be 13 years of age or older to install or to use Flight Tracker. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install Flight Tracker for you.

Notice to parents and guardians: By granting your child permission to download and access Flight Tracker, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use Flight Tracker or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using Flight Tracker, please contact us at apple.vynnyk@gmail.com.

C. Grant of License

Subject to your compliance with the terms and conditions of this EULA, IAC grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of Flight Tracker on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

D. Description of Other Rights and Limitations

1. Restricted Use

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or use Flight Tracker for the benefit of any third party. Unless expressly authorized by IAC or permitted under the applicable mobile platform terms, you are prohibited from making Flight Tracker available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of Flight Tracker, except to remove our Flight Tracker from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with Flight Tracker, or attempt to do so for any reason. You may not access, create or modify the source code of Flight Tracker in any way. You do not have the right to and may not create derivative works of Flight Tracker. All modifications or enhancements to Flight Tracker remain the sole property of IAC.

2. Flight Tracker Updates

We reserve the right to add or remove features or functions to existing Flight Tracker. When installed on your mobile device, Flight Tracker periodically communicates with our servers. We may require the updating of Flight Tracker on your mobile device when we release a new version of Flight Tracker, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of Flight Tracker. You acknowledge and agree that any obligation we may have to support previous versions of Flight Tracker may be ended upon the availability of updates, supplements or subsequent versions of Flight Tracker. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of Flight Tracker.

3. Access

You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use Flight Tracker. If you access Flight Tracker through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access Flight Tracker from your device. Downloading, installing or using certain Flight Tracker features may be prohibited or restricted by your network provider and not all features may work with your network provider or device. IAC makes no representation that Flight Tracker can be accessed on all devices or wireless service plans. IAC makes no representation that Flight Tracker is available in all languages or that Flight Tracker is appropriate or available for use in any particular location.

4. In-App Purchases

Certain Flight Tracker features will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). By confirming the purchase, you (a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in Flight Tracker; (b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU's Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; and (c) acknowledge that, to the extent permitted by law, all sales are final and that IAC is not required to provide a refund for any reason.

E. Flight Tracker Functionality

Flight Tracker allows you to enjoy various features, functionalities and services, which may change from time to time. Flight Tracker functions are provided by IAC and third party suppliers who offer content and services in conjunction with or through Flight Tracker (the "Third Party Partners"). Flight Tracker functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither IAC, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by Flight Tracker.

F. Third-Party Partners

1. Third-Party Services and Content

Flight Tracker may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing Flight Tracker that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Flight Tracker may provide access or links to Third Party Partner websites or resources. IAC has no control over such websites and resources, and you acknowledge and agree that IAC is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that IAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. IAC will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

2. Access to Third-Party Services and Content through Flight Tracker

All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through Flight Tracker, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using Flight Tracker you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will IAC be liable in any way for any Content created by or originating with entities other than IAC, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of Flight Tracker.

G. Security

Flight Tracker, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that Flight Tracker and any information you download or offer to share by means of Flight Tracker, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.

H. Uninstall / Removal of Flight Tracker

Uninstallation and removal methods vary depending on your device. To uninstall and remove Flight Tracker, please use the application manager provided with your device or consult your device manual for reference.

I. Consent to Use of Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Flight Tracker. We may use this information in accordance with the Privacy Policy located here.

J. Intellectual Property

Flight Tracker, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by IAC are IAC's property or the property of IAC's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on Flight Tracker. All rights not expressly granted hereunder are expressly reserved to IAC and its licensors.

The IAC names, logos and affiliated properties, are the exclusive property of IAC or its affiliates. All other trademarks appearing on Flight Tracker are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through Flight Tracker. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

K. Copyright / Submissions

1. User Content Responsibility

You are solely responsible for any Content you contribute, submit or display on or through your use of Flight Tracker. It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.

2. Copyright Infringement

IAC respects and expects its users to respect the rights of copyright holders. On notice, IAC will act appropriately to remove content that infringes the copyright rights of others. IAC reserves the right to disable the access to Flight Tracker or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe Flight Tracker, or elements thereof, infringe your copyright rights, please contact IAC's Copyright Agent at:

Please ensure your communication includes the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on Flight Tracker;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

3. Objectionable Content

IAC may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at IAC's sole discretion. "Objectionable Content" includes, but is not limited to:

• Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
• Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
• Content that may harm minors in any way;
• Content that has the goal or effect of "stalking" or otherwise harassing another;
• Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
• Content that is vulgar, offensive, obscene or pornographic;
• Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. Content Screening and Disclosure

We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through Flight Tracker, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.

We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of IAC, its users, or members of the public or (v) to report a crime or other offensive behaviour.

5. Ownership of Content You Submit

Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of Flight Tracker. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of Flight Tracker. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of IAC. None of the Submissions shall be subject to any obligation of confidence on the part of IAC, and IAC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IAC shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to IAC all right, title and interest in and to the Submissions and you hereby waive any moral rights relating to the Submissions in favour of IAC and its assignees, licensees and designees.

6. Repeat Infringer Policy

IAC may terminate a user's access to Flight Tracker if, under appropriate circumstances, the user is determined to be a repeat infringer.

7. No Intended Third Party Beneficiaries

Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.

L. Termination

Your rights under this EULA will terminate immediately and automatically without any notice from IAC if you fail to comply with any of the terms and conditions of this EULA. You understand that IAC, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Flight Tracker at any time. Further, IAC, with or without any reason, may at any time suspend or terminate any license hereunder and disable Flight Tracker or any of its component features. You agree that IAC shall not be liable to you or any third-party for any termination or disabling of Flight Tracker. Promptly upon expiration or termination of this EULA, you must cease all use of Flight Tracker and destroy all copies of Flight Tracker in your possession or control. Termination will not limit any of IAC's other rights or remedies at law or in equity. Sections J–S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.

M. Disclaimer of Warranty

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, FLIGHT TRACKER IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, IAC, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, IAC MAKES NO WARRANTY THAT FLIGHT TRACKER WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE IAC PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF FLIGHT TRACKER WILL MEET YOUR EXPECTATIONS.

IAC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FLIGHT TRACKER; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FLIGHT TRACKER; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FLIGHT TRACKER BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FLIGHT TRACKER.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF FLIGHT TRACKER REMAINS SOLELY WITH YOU. IAC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

N. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IAC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE FLIGHT TRACKER; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO FLIGHT TRACKER. IN NO EVENT SHALL IAC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING FLIGHT TRACKER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS FLIGHT TRACKER, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

O. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAC, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF FLIGHT TRACKER, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IAC OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

P. Export Controls

Flight Tracker and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.

Q. Notice to US Government End Users

Flight Tracker installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

R. Jurisdictional Issues and Other Miscellaneous Terms

IAC does not represent or warrant that Flight Tracker or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of Flight Tracker, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Ireland, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) Flight Tracker. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of or relating to this EULA.

No failure or delay by IAC in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FLIGHT TRACKER MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

S. How to Contact Us

If you have any questions about this EULA, please contact us by email or postal mail as follows:

T. Supplemental Terms

To the extent permitted by applicable law, the following supplemental terms shall apply:

Apple App Store: By accessing Flight Tracker through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:

1. This EULA is between IAC and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install Flight Tracker on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for Flight Tracker or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to Flight Tracker.
4. In the event of any failure of Flight Tracker to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Flight Tracker, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Flight Tracker.
5. Apple is not responsible for addressing any claims by you or a third party relating to Flight Tracker or your possession or use of Flight Tracker, including without limitation (a) product liability claims; (b) any claim that Flight Tracker fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that Flight Tracker or your possession and use of Flight Tracker infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
9. IAC expressly authorizes use of Flight Tracker by multiple users through the Family Sharing or any similar functionality provided by Apple.

END OF DOCUMENT. · © 2024 Oleksandr Vynnyk. All rights reserved.